Sharda Jain vs The State Of Madhya Pradesh
2023 Latest Caselaw 3167 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        CRR No. 106 of 2023
                                               (SHARDA JAIN Vs THE STATE OF MADHYA PRADESH)

                           Dated : 21-02-2023
                                 Shri Yashpal Rathore, learned counsel for the applicant.

                                 Ms.    Mamta      Shandilya,learned     Government       Advocate   for   the
                           respondent/State.

Heard on the question of admission.

Admit.

Also heard on I.A.No.410/2023 which is first application under Section 397, 401 of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of the applicant.

The applicant has filed this revision against judgment dated 29.08.2022 passed by Additional Sessions Judge, Sarangpur, District Rajgarh in Cr.A. No.17/20187 dismissing the appeal against the judgment dated 29.12.2016 passed by Judicial Magistrate First Class, Sarangpur, District Rajgarh in Criminal Case No.03/2008 convicting the applicant under Sections 466, 468, 471 of IPC and sentenced to undergo S.I. of 3 years, 3 years, 2 years with fine

of Rs.3,000/-,Rs.3,000/- and Rs.2,000/- with default stipulation.

Learned counsel for the applicant has submitted that applicant is a 75 years old lady and has been falsely implicated in the case. It is further submitted that the final hearing of this revision will take sufficient long time and if the sentence is not suspended, the present revision filed by the applicant may turn infructuous. Hence, prays for suspension of sentence and grant of bail.

Learned Govt. Advocate for the respondent/State opposes the application and prays for its rejection.

Signature Not Verified Signed by: REENA JOSEPH Signing time: 21-02-2023 18:16:22

Accordingly, without expressing any opinion on merits of the case, I.A. No.410/2023 is allowed and it is directed that the execution of jail sentence awarded to the applicant shall remain suspended till final disposal of the revision, subject to depositing the fine amount, if any, and upon furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for her appearance before trial Court on 10.07.2023 and on such other dates as may be fixed by the concerned Court in this regard.

I.A. No.410/2023 stands allowed and disposed off. Certified copy as per rules.

(VIVEK RUSIA) JUDGE

RJ

Signature Not Verified Signed by: REENA JOSEPH Signing time: 21-02-2023 18:16:22